From 29 August 2012 new mandatory minimum sentencing laws significantly increased the penalties for failing to stop as soon as reasonably practicable after being directed to do so by a police officer.

Mandatory sentencing was introduced as a response to dangerous police pursuits.

To be convicted the direction to stop has to be given by a police officer who is in a police motor vehicle.

What are the penalties?

The minimum fine is now $5,500.00 and there is a mandatory drivers licence disqualification of 2 years.

The maximum penalty is a fine of $22,000 or prison for 3 years.

Does the Magistrate have any other sentencing options besides a large fine?

Yes. A Magistrate can impose any of the following

·         a probation order

·         a community service order

·         a prison sentence, including a suspended sentence or immediate parole

Is there any way I can keep my licence?

Also, a Magistrate can order an absolute discharge. This is very rare in these sorts of cases. Cases already decided in Queensland suggest that if a Magistrate orders an absolute discharge then a minimum 2 year disqualification is not automatic.

Are there alternative charges?

Yes, the charge of contravene direction or requirement under section 791 is a possible alternative charge. This offence has a maximum penalty of $4,400 and no mandatory licence disqualification.